Sharad Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14871 of 2023 Applicant :- Sharad Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Arvind Kumar, the learned counsel for the applicant as well as Ms. Poonam Gupta, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 679 of 2022, under Section 420, 409 I.P.C., registered at Police Station Kotwali, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 08.07.2022 against seven persons, including the applicant, alleging that the informant had made investment in S.T.S (Sankalp Group) but upon maturity of the investment, no amount was paid to him. The applicant has been implicated in the present case as he was also a Director of the company.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 43 cases of similar nature has been disclosed in Para 14 of the affidavit, in 25 of which the applicant has already been granted bail.

¶5The learned counsel for the applicant has submitted that another co-accused Pramod Kumar Verma, Sangam Verma, Gunjan Verma, Rajendra Prasad Verma who have similar allegation, has already been granted bail by means of orders dated 01.11.2023, 03.11.2023, 03.11.2023, 22.02.2023 &

18.05.2023 passed in Criminal Misc. Bail Application Nos. 12809 of 2023, 13039 of 2023, 13032 of 2023, 12136 of 2023 and 65.05of 2023.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant had made investment in a company and that the applicant has been granted bail in 25 other cases of similar nature and that 5 other co-accused persons have already been granted bail in the present case and that the fact that the applicant is languishing in jail since 01.07.2022, I am of the view that the applicant is also entitled to be released on bail in the present case on the ground of parity.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Sharad Kumar Verma be released on bail in Case Crime No. 679 of 2022, under Section 420, 409 I.P.C., registered at Police Station Kotwali, District Barabanki, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 16.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench